the “kneeling soldier statue depicts a symbolic historical scene of a soldier honoring a fallen comrade before a cruciform gravestone identical to the tens of thousands of such gravestones erected to mark the location of our country’s hallowed war dead.”

“To any reasonable observer, the kneeling soldier statue depicts the sacrifice of all members of the U.S. Armed Forces and does not impermissibly endorse religion,” continued the brief.

“That this statue reflects a historical reality – that many of the soldiers who died overseas during those conflicts were buried under crosses – does not make it unconstitutional.”